March 24'r', 2015 

GCF-0334/2015 - 1/6 

BAP 

{ EMBRAER 

Embracr S.A. 

Av. BrigacJeiro Faria Lima, 2.170 

12227-901 - S.J. dos Campos - SP 

Brasil 

Fone: (12) 3927-2563 

Fax: (12) 3927-1184 

PC: 179 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W 12-140 

Washington, DC 20590 

Subject: EMB 550/545 - FAA Validation 

Request of amendment on Exemption 10974 - FAA-2013-0810 - 

Requirement 14 CFR 25.562(b) amend 64, 25.785(b) amend 88 and 

Special Condition N° 25-495-SC number 2. (e) 

Dear Sir: 

Please, find enclosed request of amendment on Exemption 10974 - FAA-2013-0810 to 

permit type certification of similarly non-compliant derivatives of the current Embraer 

Model EMB-550 airplane. 

The original petition was sent on September 6"', 2013 and it was granted on April 4' ~', 

2014. The complete petition is available at the Department of Transportation's Federal 

Docket Managernent System, in Docket No. FAA-2013-0810. 

Embraer has analyzed Exemption 10974 and this was also considered applicable to 

similarly non-compliant derivatives of the current Embraer Model EMB-550 airplane 

(including, but not limited to EMB-545) once the same interior design, all the arguments 

and compensating factors are considered the same. 

Sincerely, 

RIcardo Lava I HollerbacV~ 

Airworthiness Director 

~ 

f:af~~staVo Fassina 

Ainvorthinpss Office 
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-< EMBRe4EF1 

14 CFR 11.81 (a) - Contact Information: 

Ricardo Lavall Hollerbach 

Embraer Airworthiness Director 

Av. Brigadeiro Faria Lima, 2170 – PC 179 

12227-901 Sao Jose dos Campos, SP - Brazil 

Phone: 55-12-3927-3543 

Fax: 55-12-3927-1184 

14 CFR 11.81 (b): Aaplicable sections of 14 CFR and other Regulation 

14 CFR 25.562(a) Emergency landing dynamic conditions. 

(a) The seat and restraint system in the airplane must be designed as prescribed in thls 

section to protect each occupant during an emergency landing condition when— 

(1) Proper use is made of seats, safety be/ts, and shoulder hamesses provided for in 

the design; and 

(2) The occupant is exposed to loads resulting from the conditions prescribed in this 

section. 

14 CFR 25.785(b) Seats, berths, safety belts, and harnesses. 

(b) Each seat, berth, safety belt, harness, and adjacent part of the airplane at each 

station designated as occupiable during takeoff and landing must be designed so that a 

person making proper use of these facilities wlll not suffer serious injury in an 

emergency landing as a result of the ine tia forces specified in §§25.561 and 25.562. 

FAA Special Conditions No. 25-495-SC number 2, (e): 

!n addition to the requirements of §25.562, and §25.785, special conditions numbers 1 

and 2 are proposed as part of the type certification basis for the EMB-550 Model and 

EMB-545 Model airplanes with side facing seat installations. For seat place(s) that are 

equipped with an airbag system in the shoulder belt, additional special conditions 

numbers 3 through 16 are proposed as part of the type-certification basis. 

Special Condition number 2. Additional performance measures applicable to tests and 

rational analysis conducted to show compliance with §§ 25.562 and 25.785 for sidefacing seats: 

(e). Leg: Flailing of the lower-leg segments, such that the upper-leg segment 

experiences torque, shall be limited to 35 degrees of rotation about the upper-leg 

centerline in either direction from the nominal seated orientation.. 
GCF-0334/2015 - 3/6 { EMBRe4ER 

14 CFR 11.81 (c) Extent of relief and reason for seeking relief 

Petition for Exemation and General Information 

According to 14 CFR 11.81, Embraer is seeking an exemption from 14 CFR 25.562(a) 

amendment 25-64, 14 CFR 25.785(b) amendment 25-88 and FAA Special Condition 

25-495-SC number 2. (e), for the installation of the lateral single and multiple side facing 

seats for the first 55 production EMB-550 Type Certificate airplanes, considering Model 

EMB-550 and similarly derivatives models. 

Embraer proposes to certify these lateral seats to the applicable requirements of 14 

CFR 25.562 and 25.785, including all additional requirements contained in the 

applicable Special Condition 25-495-SC, except number 2. (e) for which Embraer 

requests an exemption for the first 55 production Model EMB-550 and similarly 

derivatives models airplanes. 

This Exemption is being requested because Embraer believes that no mature system 

that can be certified is currently available and it will take time beyond EMB-550 Type 

Certification date to design, test, and certify such a system. Embraer believes that the 

period of time necessary will affect the first 55 Model EMB-550 and similarly derivatives 

models airplanes. 

Backctround 

On 06/Apr/2009, Embraer submitted to ANAC an application for a new Type Certificate 

for the EMB-550 airplane (ref. Letter GCF-0425/2009), and on 23/Apr/2009 Embraer 

submitted an application to the FAA (ref. Letter GCF-0558/2009). 

At that time the existing criteria for lateral single and multiple side facing seats was the 

FAA Policy FAA ANM-03-115-30, which was the criteria initially considered by the 

Authorities for the EMB-550 Type Certification Basis. 

On 09/Mar/2011 Embraer received an issue paper containing new criteria for side facing 

seats and airbags in shoulder belts. This issue paper changed the side facing seat 

occupant protection parameters according to the research and investigations conducted 

by the FAA and also incorporated certification standards for seat belts containing 

airbags. 

With this change in the requirements applicable to side facing seats, the divan had to be 

redesigned and undergo a new certification test campaign. At this point, the EMB-550 

Model and EMB-545 Model interior lay-out options and the fuselage and floor structures 

were already defined which increased complexity for showing compliance with the new 

side facing seat criteria. 
GCF-0334/2015 - 4/6 -< EMBRAER 

On 20/JuU2011 the issue paper was revised again to change the maximum legs lateral 

flailing angle from the original 45 0value to 350, the value established in the future PSANM-25-03 "draft". 

On 22/Ago/2011 FAA proposed the new criteria for side facing seats through the Policy 

PS-ANM-25-03 "draft" and then on 05/Nov/2012 FAA officially issued Policy PS-ANM25-03 " Technical Criteria for Approving Side-Facing Seats", incorporating modifications 

to the original draft resulting from the public comments process. 

This new directive contains the means of compliance that shall be applied to the new 

seat certification programs that are not covered by existing exemptions for multiple side 

facing seats and/or special conditions for single side facing seats. 

These means of compliance apply to new seat certification programs with approval 

dates after the effective date of this directive. This directive describes "if the program 

application date precedes the effective date of this final directive, so the applicant is 

expected to follow the section 'in work'. The section 'in work' provides two options: 

follow the criteria contained in the new directive or petition for exemption. 

Since the proposal for a more rigorous standard was first raised in the issue paper of 

2011, Embraer and our suppliers have been working to develop a design that fully 

complies with the new requirements for side facing seats, especially regarding the new 

lateral legs flailing requirement. Because of the difficulty in finding a sufficiently mature 

system suitable for certification, Embraer requests an exemption to allow the Model 

EMB-550 and similarly derivatives models to be certified and enter into service with side 

facing seats that do not meet the leg flail requirements of the Special Condition. 

Embraer believes that the time for production of 55 initial Model EMB-550 and similarly 

derivatives models airplanes are sufficient to allow a compliant design to be developed, 

certified, and to enter into production. Embraer does not believe that the leg flail 

limitation device will be able to be retrofitted into already-produced airplanes/seats, so 

Embraer does not propose to retrofit the initial 55 aircraft. 

14 CFR 11.81 (d) Reason why granting relief would be In public interest 

Public Interest: 

The granting of this Petition for Exemption for number of aircraft produced is in the 

public interest, considering that the design features Embraer is proposing for the side 

facing seats affords a safety level for the occupants of these seats much higher than the 

level of safety of side facing seats approved through the previous. The side facing seats 

installed on Model EMB-550 and similarly derivatives models serial number 56 and on 

will fully comply with the upcoming special conditions. The first 55 airplanes will provide 

a significantly greater level of safety than current production side-facing seat 

installations that comply with the previous certification standard. 

Embraer has produced business aircraft for a variety of customers all over the world. 

The owners and operators of these business aircraft prefer to configure their aircraft to 
GCF-0334/2015 - 5/6 

<— F.MBRAER 

facilitate the interior space use for conferences during a flight and other jobs that 

normally not possible aboard commercial aircraft. Many of these interior configurations 

include side facing seats installations. To satisfy the customers demands and keep its 

competitiveness in the market, Embraer is pursuing to accommodate the installation of 

side facing seats in its business aircraft. Doing so, while still providing an increased 

level of occupant safety, will provide economic benefits to Embraer, our suppliers, and 

to our operators, all of which are in the public interests. 

This Exemption for number of produced aircraft is also in the public interest as business 

aircraft reduce the business trips time, flight times, affording greater comfort and 

productivity, allowing business executives to take their businesses to their customers. 

14 CFR 11.81 (e) Reasons why Exemption would not adversely affect safety 

The initial 55 production Model EMB-550 and similarly derivatives models airplanes, 

even excluding the leg flail requirements, still provide an adequate level of safety 

compared with airplanes with side facing seats certified before the November 2012 

policy memo. These airplanes will continue to be produced while using side facing seats 

certified in accordance with older standard. 

14 CFR 11.81 (f) Summary for publication in Federal Register 

Embraer requests an Exemption from 14 CFR 25.562(a) amendment 25-64, 14 CFR 

25.785(b) amendment 25-88 and FAA Special Condition 25-495-SC number 2. (e), for 

the installation of the lateral single and multiple side facing seats in the initial 55 

production Model EMB-550 and similarly derivatives models airplanes. 

14 CFR 11.81 (g) Additional information to support request 

Conclusions: 

Not granting this Exemption for number of produced aircraft would lead to limitations in 

occupation of some passenger seats, inhibiting the customer's flexibility in the use of 

the cabin and airplane, and results in a product that would not be a competitive solution 

in the market, even though it will provide an increased level of safety compared to 

existing designs. Therefore the granting of this Exemption would not adversely affect 

safety and is in the public interest. 

14 CFR 11.81 (h): Exercise of the privileges of the exemption outside the United 

States of America 

Embraer requests the privileges of this exemption be extended outside the United 

States. This extension of privileges is necessary for operations based within other 

countries having bilateral agreements with the United States accepting FAA 14 CFR 

Part 25 as their airworthiness standards for transport category aircraft. Model EMB-550 

and similarly derivatives models airplanes are intended for the global market place with 
GCF-03341201 5 - 616 

the primary Authority, ANAC, utilizing airworthiness standards based an the United 

States.